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Subpoena of minor children?

  • Thread starter Thread starter BugHogan
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BugHogan

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I posted this here and on crimes, but I'm not sure if it really fits either forum:

Minnesota - Kanabec County

My husband will be getting physical custody of his daughters from their mother. They are 13 and 14 years old and live with us right now, with their mother's permission, the order is filed and needs to be signed by a judge.

When he went to sign off on the stipulation for custody change with her, she informed him that there was a case pending in the county against a 14 year old boy that is accused of molesting several children, including her boyfriend's sister's 2 young boys. Apparently the police went to the girls school last school year when they lived with her, pulled them out of school and questioned them regarding what they know. They did not ask consent from either the mother or the father to question the children and no other adults were present. Both my husband and his ex wife are understandably upset, as they feel the police did not follow proper procedures and now the children are expected to be witnesses in a sexual molestation case. Our questions are:

1) Is it legal to question children without the parent(s) present or without the parent(s) permission?

2) Are the children required to testify or is it possible for them to be excused from testifying? My husband and his ex just want to protect their girls and make sure their rights aren't being violated. All they know is that sometimes when they went to the victim's (2 boys) house, the bedroom door would be locked to the young boys' room when the alleged perpetrator was there. This is, according to the victims, when the molestation was taking place.
 


I AM ALWAYS LIABLE

Senior Member
My response:

Police can talk to anyone they choose who are old enough, or mentally capable enough, to communicate. It's their job to investigate crimes. It's perfectly legal.

The only time a parent or attorney must be present is when a person (no matter the age) is suspected of the crime. The children were not suspects - - but mere witnesses that perceived an alleged crime with one or more of their senses - - "I saw it, I heard it, I smelled it, and / or, I felt it." Therefore, no parent or attorney was necessary.

The children can be called as witnesses at time of trial. They will testify in protected and "friendly" surroundings (not the courtroom), but they will testify.

IAAL
 
B

BugHogan

Guest
Thank you Mr. Liable. Your advice is much appreciated:)
 

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